[am- 
JZme 
#82f 


Duke   University  Libraries 

Message  no.  1  o 
Conf  Pam  12mo  #827 


MESSAGE  NO.  1 


OF 


HIS  EXCELLENCY,  F.  W.  PICKENS, 


^  'to 


THE    LEGISLATURE, 


AT    THE 


REGULAR  SESSION  OF  NOVEMBEB,  1862. 


COLUMBIA,    S.   C: 
CHARLES  P.  PELHAM  STATE,  PRINTER. 

1862. 


P  18  3  2"  -2. 


MESSAGE    NO.    1 


Gentlemen  of  the,  Senate  and  House  of  Representatives  : 

Since  the  last  Legislature  met,  the  country  has  gone  through  scenes  such 
as  are  but  seldom  witnessed  in  the  destiny  of  a  people.  Amid  the  fierce 
and  bloody  conflicts  through  which  we  have  passed,  South  Carolina  has  lost 
many  of  her  bravest  and  most  talented  sons,  and  whilst  we  deeply  feel  and 
grieve  for  their  loss,  we  yet  are  consoled  by  the  proud  reflection  that  the 
urns  which  hold  their  ashes  will  stand  around  our  household  altars  as  pre- 
cious mementoes,  to  be  loved  and  cherished  through  all  time.  I  trust  that 
you  will  immediately  take  steps  to  provide  for  the  families  of  our  heroic 
dead  in  such  a  manner  that  none  shall  feel  the  sufferings  of  want.  It  is 
our  solemn  duty  to  discharge  this,  our  first  debt  of  gratitude.  An  agent 
has  been  appointed  to  make  a  roll  from  the  most  authentic  sources,  and  this 
will  aid  your  deliberations  in  ascertaining  where  there  may  be  any  want 
amongst  the  families  of  such  as  have  fallen  in  our  defence. 

The  country  is  in  a  far  stronger  condition  for  defence  than  it  was  a  year 
ago.  All  the  arms  and  munitions  of  war  are  more  abundant,  and  we  are 
now  making  for  ourselves  such  necessary  supplies  as  last  year  we  were  en- 
tirely without.  Pressure  and  difficulty  have  forced  up  productions  not 
thought  of  before.  These  stern  lessons  are  necessary  to  make  us,  in  reality, 
an  independent  people.  If  our  nationality  had  been  admitted  without  a 
struggle,  such  compromises,  relating  to  trade  and  commerce,  might  have 
been  entered  into  as  would,  in  the  progress  of  time,  have  brought  us  practi- 
cally back  into  co'ouial  servitude.  Whereas  our  independence,  achieved  by 
suffering  and  blood,  will  be  prized  more  dearly  and  become  more  perma- 
nent. This  is  made  absolutely  necessary  by  the  difference  of  races,  and  the 
radical  differences  in  the  internal  civilization  of  the  two  great  sections. 

The  old  Government  had  fulfilled  its  destiny.  It  was  formed  to  prevent 
re-conquest  by  any  European  Government.  We  had  outgrown  that  state 
of  things.  By  the  repeated  elections  of  the  chief  magistrate,  the  people 
had  been  brouglit  together  to  act  as  one  people,  instead  of  preserving  the 
Confederate  principle  of  separate  States.     All  great  Kepublics  usually  split 


upon  the  choice  of  a  chief  magistrate.  In  our  system,  that  provision  of 
the  Constitution  forming  an  independent  electoral  college  was,  in  the  pro- 
gress of  events,  entirely  subverted  in  its  Bpiritj  and  the  election  of  Presi- 
dent became  the  mere  action  of  the  people  as  a  whole,  thus  converting  the 
Government  into  a  simple  Democracy  of  numbers,  instead  of  a  Confederacy 
of  States.  The  fundamental  organization  of  the  Government  was  a  Con- 
federacy of  Stat.s,  and  this  election  of  the  chief  magistrate  became  prac- 
tically at  war  with  this  groat  principle.  The  inevitable  consequence  was, 
that  the  Government  must  necessarily  become  a  consolidated  f  )emocracy, 
where  the  separate  power  of  the  States  would  be  absorbed,  or  there  must 
be  a  revolution,  in  order  to  sustain  the  great  federative  features  of  the 
compact  of  union.     Although  the  term  of  office  is  lengthened,  and  there 

?an  be  no  re-election  by  our  new  Confederate  Constitution,  yet,  in  the 
course  of  time,  it  will  become  liable  to  the  objection  that  the  mode  of  elec- 
tion or  appoiutmeut  of  the  President  is,  in  its  practical  operation,  in  con- 
flict with  the  leading  principles  of  a  Confederacy  of  States.  The  Govern- 
ment must  be  simple  and  harmonious  in  all  its  main  parts.  If  it  be  a 
Confederacy,  the  appointment  or  election  of  President  should  be  by  the 
States  alone  :  if  it  be  a  Democracy,  then  it  should  be  by  the  people  as  one 
people.  It  is  almost  certain  that  a  mixture  of  the  two  great  principles,  if 
not  modified,  must  inevitably  lead,  in  the  process  of  time,  to  conflict  and 
separation. 

The  great  weakness  in  all   Republics  is  a  want  of  fixed  forms  and  estab- 

ished  orders  in  society,  by  which  the  conservative  interests  and  wealth  of 
the  community  may  become  permanently  identified  with  the  Government 
and  its  administration.  No  Government  can  last  unless  it  commands  the 
regard  and  support  of  the  virtuous  and  intelligent  portion  of  society.  Any 
Government  whose  practical  operation  drives  all  this  class  from  any  interest 
in  its  honors  and  its  action,  must  necessarily  fall  into  corruption,  degrada- 
tion, and  speedy  dissolution.  In  th:se  Southern  States,  our  slaves,  which 
occupy  the  lower  strata  of  society,  give  us  the  ranks  and  classes  out  of 
which  a  conservative  government  can  be  formed.  And  if  the  action  of 
the  separate  States  can  be  felt  and  acknowledged  in  the  habitual  adminis- 
tration of  Government,  then  we  shall  be  able  to  secure  through  them  a 
substitute  for  the  great  landed  interest  and  hereditary  classes  in  other  forms 
of  government,  so  essential  to  the  stability  and  conservative  firmness  of  any 
form  of  government  calculated  to  command  the  permanent  support  of  the 
virtuous  and  intelligent. 

The  Northern  States  are  doomed  to  great  conflict  and  confusion  amongst 
themselves,  from  the  want  of  a  conservative  basis  of  society  in  any  acknowl- 
edged ranks  or  orders  in  the  organization  of  their  political  and  social  sys- 


tern,  and  they  must,  in  all  probability,  run  from  absolute  Democracy  into 
anarchy  or  civil  war,  and  thence  into  a  military  despotism.  Under  a  mili- 
tary despotism  they  will  become  dangerous  to  us;  and  when  we  emerge  from 
this  terrible  war,  there  will  be  many  pretexts  to  induce  us  to  adopt  a  more 
military  and  absolute  form  of  government  also.  It  will  require  all  the 
wisdom  and  firmness  of  an  enlightened  public  opinion  to  shape  our  Govern- 
ment so  as  to  avoid  the  calamities  of  a  consolidated  military  form  of  gov- 
ernment. The  existence  of  an  army,  the  largest,  in  proportion  to  our  white 
population,  that  has  ever  been  created  by  any  people,  will  add  greatly  to 
this  danger. 

"We  were  the  first  State  to  withdraw  from  the  old  Union,  under  circum- 
stances of  great  peril,  and  the  other  States  nobly  came  to  our  side,  and  they 
have  suffered  the  greatest  ravages  of  a  bitter  and  malignant  war.  It  is, 
therefore,  the  part  of  magnanimity  and  patriotism  for  us  to  make  as  few 
issues  or  complaints  as  possible  against  the  action  of  the  Confederate  Gov- 
ernment. Our  present  duty  is  to  give  it  a  cordial  and  warm  support,  with 
all  our  resources,  for  defence  against  the  fanatical  and  infamous  enemies  of 
our  common  country.  "Withhold  nothing,  and  make  no  complaint  calculated 
to  weaken  the  hands  of  the  Confederate  authorities  in  any  particular.  This 
is  the  reasou  I  do  not  think  proper  to  urge  any  objection  to  the  Confederate 
Acts  of  Conscription,  although  I  deem  all  such  Acts  against  the  spirit  of  the 
Constitution.  It  was  intended  by  that  instrument  that  the  Confederate 
Government  should  usually  call  upon  the  State  authorities  to  furnish  their 
quotas  for  all  military  service,  except  when  Congress  might  deem  it  neces- 
sary to  create  a  standing  or  regular  army.  It  might,  perhaps,  be  more  ex- 
pedient, also,  to  allow  each  State  to  organize  its  quota,  according  to  some 
plan  adapted  to  its  own  local  interests,  particularly  if  the  mode  and  manner 
of  executing  conscript,  laws  should  lower  that  grade  of  service  in  the  public 
estimation.  There  is  a  great  State  necessity,  at  present,  for  such  laws;  but 
the  general  spirit  of  the  Constitution  intended  that  in  the  raising  of  all 
military  forces,  excepting  an  enlisted  regular  army,  the  Government  should 
act  through  State  authority,  rather  than  directly  upon  the  people  as  a  con- 
solidated whole.  It  savors  strongly  of  absolute  power  to  absorb  all  the 
material,  in  men,  of  the  States  without  consulting  the  local  authorities,  and 
to  call  it  out  without  the  agency  of  the  States.  Nothing  can  justify  such 
action  but  the  nature  of  the  implacable  war  in  which  we  are  engaged,  in- 
volving, as  it  does,  not  only  subjugation,  but  our  total  extermination  as  a 
people.  Congress  has  passed  two  Conscription  Acts,  and  our  whole  force, 
rrom  eighteen  to  forty-five,  is  subject  to  Confederate  service  at  any  day.  It 
may  be  said  that  the  State  has  now  no  military  system,  and  I  urge  your 
immediate  attention  to  this  all-important  subject.     Some  action  is  absolutely 


c 

necessary  as  soon  as  possible.  I  would  recommend  that  the  remaining  force 
that  we  have,  which  consists  in  men  from  forty-five  to  Bixty,  and  youths  from 
sixteen  to  eighteen,  be  organized  under  some  sytem  of  military  police.  Let 
them  be  formed  into  companies  in  each  District,  and  let  there  be  a  regular 
District  guard  formed,  of  some  Bixty-four  men,  with  the  necessary  company 
officers,  and  stationed  at  the  Conrt-Houses  of  each  District,  to  perform  State 
guard  duty,  each  company  alternating  every  four  weeks,  or  for  such  period 
of  time  as  the  Governor  may  designate,  and  in  such  Districts  that  he  may 
select  as  necessary,  under  whose  command,  for  the  time  being,  the  whole 
police  duty  of  the  District  shall  be  performed.  To  make  this  effioient,  let 
State  arms  and  fixed  ammunition  be  deposited  in  the  District  prisons,  for 
the  use  of  these  companies,  and  the  lower  story  of  these  buildings  be  made 
their  barracks.  To  make  this  police  guard  more  effioient,  a  lew  horses  for 
couriers  should  be  kept.  A  system  somewhat  similar  to  this  has  been 
proposed  by  the  Council,  but  I  recommend  it  to  your  revision,  so  that 
representatives  from  the  different  Districts  may  suggest  any  additions  or 
amendments. 

The  President  of  the  United  States  has  recently  issued  an  infamous 
proclamation,  with  a  view  to  incite  insurrection,  and  although  I  consider  it 
instigated  by  base  principles  of  atrocious  warfare,  contrary  to  all  the  usages 
of  a  civilized  people,  yet,  with  firmness  and  organization,  it  will  produce 
none  of  the  objects  intended  by  its  vulgar  author.  If  I  had  the  military 
power,  or  our  State  forces  actually  in  service,  I  would,  of  course,  issue  a 
proclamation,  directing  all  enemies  taken  acting  under  that  proclamation  to 
be  tried  and  executed  as  felons,  or  even  more  expeditiously.  But  the  forces 
in  the  field  are  nearly  all  under  Confederate  command,  and  from  necessity 
the  whole  matter  is  left  with  Confederate  authority.  But  to  protect  our- 
selves from  any  efforts,  instigated  by  the  deluded  or  the  ignorant,  I  would 
urge  the  immediate  organization  of  a  largo  State  Police  Guard,  under  the 
direct  command  of  the  Governor,  to  be  ordered  out  at  such  times  and  in 
such  Districts  as  he  may  think  proper,  and  to  be  kept  at  least  for  some  months 
in  actual  daily  duty,  to  give  a  feeling  of  safety  to  the  helpless  portions 
of  our  communities.  "We  have  arms  and  ammunition  to  put  into  the 
hands  of  such  a  State  Guard,  and  let  it  be  done  thoroughly  before  the  first 
of  January.  In  connection  with  this,  let  a  cadet,  from  the  graduates  of  our 
Military  Academy,  or  one  of  the  senior  class,  be  appointed  and  assigned  for 
duty  as  drill-master — one  for  each  of  these  State  companies,  ai  each  Court- 
House  in  the  State.  If  any  emergency  arises,  let  the  captains  of  the  local 
patrols  be  ordered  to  report  occurrences  to  the  captains  of  those  central 
District  guards.  In  those  Districts  where  Provost  Marshal  courts  exist,  these 
guards  might  be  used  by  the  courts  to  great  advantage. 


Some  more  efficient  system  should  be  adopted  for  the  protection  and  sup- 
port of  the  families  of  our  soldiers  in  service.  The  taxation  for  that  pur- 
pose should  not  be  on  the  District  alone  for  the  support  of  the  families  of 
soldiers  from  such  District.  As  the  law  now  is,  the  soldiers'  relief  com- 
mittees, appointed  by  the  last  Legislature,  are  limited  to  forty  per  cent, 
upon  the  general  taxes  of  such  District.  The  Districts  in  the  upper  por- 
tion of  the  State  furnish  far  the  largest  portion  of  soldiers,  because  of  the 
preponderance  of  white  population,  and  these  are  the  very  Districts  that 
raise  the  least  general  taxes,  so  that  the  forty  per  cent,  upon  these  taxes 
furnish  but  a  poor  supply  to  their  soldiers'  families,  whereas  the  fund  is 
more  than  ample  in  those  Districts  where  the  white  population  is  sparse,  and 
the  slaves  dense.  Tbe  soldiers  from  the  former  Districts  do  not  go  into 
service  to  defend  their  mountain  homes  only,  but  they  go  to  defend  the 
State,  as  a  State,  and  are  required  precisely  where,  from  the  nature  of  the 
population,  the  local  defence  is  weakest  and  the  country  is  most  exposed. 

I  urge  that  the  system  of  property  valuation  in  this  State,  adopted  in 
eighteen  hundred  and  eight,  be  changed  to  a  more  equal  and  just  system, 
and  that  taxes  to  support  the  families  of  our  brave  soldiers  in  the  field  be 
at  least  forty  per  ceut.  upon  the  general  State  taxation,  and  be  distributed 
from  a  common  fund,  thus  raised  from  the  whole  State.  It  is  due  to  justice 
and  fairness  that  this  should  be  done.  I  would  further  recommend  that 
each  planter  be  required  by  law  to  contribute  bushels  of  corn 

for  each  hand  liable  to  road  duty,  and  that  the  District  committees  for  the 
relief  of  soldiers'  families  be  authorized  to  call  for  the  same,  or  any  part 
thereof,  to  be  distributed  as  they  may  direct.  Efficient  measures  should  be 
taken  to  secure  all  that  may  be  necessary  for  the  support  of  this  class  of  our 
people.  While  our  poor  and  patiiotic  men  are  exposed  in  defence  of  our 
homes,  we  owe  it  to  justice  and  to  every  generous  and  manly  feeling  to  place 
their  helpless  families  beyond  any  suffering.  The  committees  for  their  relief 
in  each  District  should  be  selected  with  great  care,  and  one,  at  least,  should 
be  located  in  each  battalion  of  the  State,  and  two  responsible  men  at  the 
Court-House  of  each  District.  They  should  be  required  to  hold  their  meet- 
ings once  a  month,  through  the  winter  months;  and  if  they  know  certainly 
of  undue  speculation  by  any  individuals  in  any  of  the  breadstuff's,  they 
might  be  authorized,  upon  affidavits  made  to  the  facts  before  any  magistrate, 
to  seize  all  such  breadstuffs  for  the  benefit  of  soldiers'  families ;  and  the 
same  power  might  be  given  them  to  seize  any  grain  to  be  used  by  any  dis- 
tillery not  authorized  by  law.  These  commissions  should  be  required  to  make 
their  full  reports  regularly  to  the  Judge,  at  every  meeting  of  the  Court  of 
Common  Pleas  in  the  Districts,  and  the  reports  should  be  published  as  soon 
as  made. 


8 

I  recommend  that  the  Art  pam  d  the  twenty-lirst  day  of  December  last, 
entitled  ••  An  Act  to  extend  relief  to  debtors,  and  to  prevent  the  sacrifice 
of  property  at  public  sale.-,-'  be  repealed,  except  so  tar  as  it  extends  to  all 
persons  in  actual  military  service.  There  is  no  reason  why  those  at  home, 
and  not  in  military  service,  should  not  pay  their  debts;  on  the  contrary, 
there  is  great  reason  why  they  should. 

The  profits  of  the  Bank  of  the  State,  the  President  informs  me,  have 
been,  for  the  past  year,  three  hundred  thousand  dollars.  From  this  is  to  be 
deducted,  for  interest  paid  to  holders  of  stocks  issued  to  holders  of  Blue 
Ridge  Railroad  Stocks,  forty-seven  thousand  seven  hundred  and  ninety  dol- 
lars ;  also,  amount  paid  to  holders  of  State  Bonds, issued  in  eighteen  hundred 
and  sixty-one,  to  the  amount  of  four  hundred  thousand  dollars — one-fourth 
due — one  hundred  thousand  dollars,  of  which  the  amount  presented — seven- 
ty-seven thousand  five  hundred  dollars — was  paid.  The  balance  was  passed 
to  the  Sinking  Fund — one  hundred  and  ninety-one  thousand  six  hundred 
and  fourteen  dollars  and  seventy-one  cents — after  deducting  the  other  usual 
items.  The  Confederate  War  Tax,  advanced  by  the  Bank,  is  sixteen  hun- 
dred and  forty-seven  thousand  five  hundred  and  ninety-seven  dollars  and  forty- 
three  cents,  (81,047,597  43.)  There  is  now  in  the  Treasury  twelve  hundred 
and  thirty-one  thousand  five  hundred  and  seventy  dollars  and  thirty  cents, 
ready  to  be  paid  over  to  the  Bank  for  this  advancement,  and  all  the  returns 
are  not  yet  made.  I  transmit  with  this  a  letter  from  the  President  of  the  Bank. 
The  amount  of  capital  the  State  has  vested  in  this  Bank,  from  all  sources, 
may  be  put  down  at  about  four  million  of  dollars.  We  are,  as  far  as  I  am 
informed,  the  only  State  that  has  such  an  institution,  ,and  we  are  deeply 
interested  in  preserving  it,  if  possible,  from  bankruptcy  or  injury.  From 
the  extraordinary  emergencies  of  this  revolution,  the  Confederate  Govern- 
ment has  been  obliged  to  issue  a  very  large  amount  of  credit  circulation  in 
the  shape  of  Treasury  Notes,  and  by  the  sale  of  bonds  drawing  eight  per 
cent.,  the  Government  has  absorbed  much  of  the  capital  of  the  country  in 
this  investment.  They  have  also  been  authorized  to  have  subscribed,  for 
the  use  of  the  Government,  a  large  amount  of  the  produce  of  the  country, 
upon  certain  conditions.  All  these  items  embrace,  in  amount,  several  hun- 
dred millions.  The  banks  have  agreed  to  take  Treasury  Notes  in  adjust- 
ment of  all  balances  between  themselves.  To  this  extent,  they  are  thus 
made  equivalent  to  gold  and  silver,  and  of  course  it  gives  them  almost  ex- 
clusive circulation.  If  the  war  were  to  close,  the  Government,  for  some 
time,  would  be  the  largest  exporter  of  the  produce  of  the  country,  and  by 
these  exports,  which  are  so  universally  demanded  in  the  commerce  and 
trade  of  the  world;  they  would  command  gold  and  silver,  or  foreign  ex- 
change, to  the  amount  thus  shipped,  which  would  be  used  as  a  basis  for 


9 

sustaining  their  credit  circulation.  'J  his  would  bring  them  into  direct  com- 
petition with  all  the  local  banks,  and  we  should,  by  strengthening  its. 
resources,  prepare  our  State  Bank  for  this  issue  From  the  necessity  of  the 
case,  the  Confederate  Government  will  be  compelled  to  have  an  Exchequer 
Bank,  in  some  shape  or  form,  and  Commissioners,  or  Government  Directors, 
must  be  appointed  to  administer  it,  for  there  will  be  growing  up  a  power 
too  vast  to  be  trusted  in  the  hands  of  any  Secretary  of  the  Treasury.  It 
will  be  a  power  deeply  affecting  not  only  all  the  local  banks,  but  the  com- 
merce of  the  country  and  the  distribution  of  wealth.  As  the  bills  of  our 
State  Bank  arc  in  demand,  and  our  people  are  used  to  them,  I  would  recom- 
mend* that  th<  set  aside  an  amount,  in  them,  which  may  be  deemed 
necessar}'.  and  stamp  them,  by  authority,  as  bills  lor  which  the  State  i 
is  responsible,  and  use  them  instead  of  borrowing  any  more  from  the  hanks 
of  the  State.  Let  the  President  and  Directors  of  our  Bank  be  authorized 
to  use  this  paper,  so  stamped,  in  exchange  for  the  Treasury  Notes  that  now 
circulate,  on  such  conditions  as  they  think  best  for  the  State,  and  t 
Treasury  Notes  could  be  used  in  all  disbursements  of  the  Slate.  The  notei 
of  the  Bank  of  the  State,  thus  set  aside  and  I,  would  be  able  t<> 
maintain  their  circulation,  if  not  excessive*  under  any  circumstances  that 
might  arise  after  peace,  and  might  be  fiually  used  by  the  State  to  strengthen 
the  Bank  in  the  conflicts  that  must  arise.  There  is  no  reason  for  our  con- 
tinuing to  issue  State  Bonds,  to  be  taken  up  by  the  banks,  and  our  giving 
them  seven  per  cent,  for  their  paper  in  exchange.  It  is.  in  substance,  giv- 
ing them  the  credit  of  the  State  in  exchange  for  their  credit,  and  seven  per 
cent,  difference  besides,  when,  in  fact,  the  credit  of  the  State  is  better,  or 
ought  to  be.  than  that  of  any  of  the  banks  with  which  it  is  exchanged.  I 
therefore  urge  you  to  take  up  this  subject,  and  use  our  own  State  credit  in 
some  such  way  as  I  have  suggested.  True,  the  Constitution  Bays  that  no 
State  shall  "  emit  bills  of  credit,"  but  a  "  bill  of  credit "  has  a  distinct  com- 
mercial meaning  and  form.  The  form  in  which  I  propose  to  use  our  State 
credit,  on  the  bills  of  our  own  Bank  already  in  circulation,  is  not  strictly 
making  "bills  of  credit."  Certain  funds  are  set  aside  by  the  State,  and  a 
corporation  is  created,  uudcr  the  style  and  title  of  a  bank,  in  order  to  bank 
upon  these  public  funds  thus  set  aside,  and  this  fuud  is  alone  responsible  for 
the  bills  issued  upon  it,  and  not  strictly  the  State.  We  have  the  Bank, 
and  there  is  little  business  doing  on  private  account  now,  and,  in  this  great 
emergency,  we  can  use  the  bills  of  our  own  Bank  for  the  benefit  of  the 
State. 

The  Legislature  wisely  legalized  the  suspension  of  all  our  banks.     It 
wor'd  be  proper  that  you  should  inquire  into  the  conduct  of  these  institu- 
tions, and  if  a  course  has  been  pursued  by  any  of  them  deemed  not  patriotic  ' 
8 


10 

or  proper,  then  the  benefits  of  the  Act  should  Le  suspended,  as  far  as  any 
such  banks  are  concerned.  From  what  I  have  heard,  I  believe  that  all  of 
our  hanks  have  acted  with  a  patriotic  and  loyal  determination  to  BUbtaio 
the  Government  fully,  hut  I  do  not  profi  -  to  he  entirely  informed  on  this 
point. 

I  have  heretofore  recommended  that  a  more  just  and  i  qua!  valuation  of 
properly  be  made  in  the  Slate  for  taxation,  and  that  the  two  treasuries  be 
united  in  one.  1  would  most  respectfully  again  arge  the  Bame  recommend- 
ations. The  last  would  require  an  alteration  of  the  Constitution. 
present  Legislature  should,  at  least,  enlarge  the  objects  of  taxation,  and  tax 
the  evidences  of  luxury  and  accumulated  capital  more,  while,  at  the  same 
time,  the  taxation  rn  productive  or  active  labor  should  be  reduced.  3T<  a 
will  be  able  to  see,  from  the  Comptroller's  Report,  how  the  collection  of 
the  Confederate  War  Tax  operated,  and  I  recommend  it  to  your  attention. 
The  State  taxes  collected  for  the  fiscal  year  have  amounted  to  seven  hundred 
and  ninety-three  thousand  three  hundred  and  fifty-three  dollars  and  ninety- 
seven  cents,  ($793,853  97;)  and  the  common  civil  expenditures  have  amount- 
ed to  eight  hundred  and  thirteen  thousand  five  hundred  and  thirty-five  dollars 
and  seventy-three  ceuts,  (SSlS^SSo  73.)  The  extraordinary  expenditures, 
under  the  Ordinance  of  the  Convention  for  the  "  removal  of  negroes  and  other 
property,"  and  so  forth,  have  been  sixty-seven  thousand  four  hundred  and 
seventy-six  dollars,  ($67,476;)  and  for  the  relief  of  the  sufferers  by  fire  in 
Charleston,  thirty  thousand,  ($30,000.)  The  collection  of  the  Stale  "War 
Tax,  up  to  the  thirty-first  of  July  last,  amounts  to  one  million  two  hundred 
and  thirty-one  thousand  five  hundred  and  seventy  dollars  and  thirty  cents, 
($1,231,570  SO  )  The  balance  of  this  War  Tax,  under  the  second  collection 
directed  by  law,  ending  the  fifteenth  day  of  November,  has  not  yet  been 
returned;  and  in  several  of  the  Parishes  the  collectors  have  been  directed  to 
suspend  the  collection  of  the  same  in  those  portions  of  the  Parishes  in  pos- 
session by  the  enemy.     Copies  of  these  orders  are  herewith  transmitted. 

The  total  amount  expended  by  the  State,  both  civil  and  military,  up  to 
the  thirtieth  of  September  last,  is  two  million  five  hundred  and  fifty-two 
thousand  one  hundred  and  ninety-five  dollars  and  forty  cents. 

Congress  has  passed  an  Act  exempting  certain  districts  that  might  be  in 
possession  by  the  enemy,  or  in  such  a  disturbed  condition  as  to  prevent  col- 
lection, from  the  collection  of  the  War  Tax.  I  have  notified  the  Secretary 
of  the  Treasury  as  to  what  Parishes  or  parts  of  Parishes  I  think  come 
under  the  provisions  of  this  Act.  A  copy  of  the  correspondence  on  this 
subject  is  herewith  transmitted.  There  is  yet  a  small  balance  to  come  in, 
and  the  exact  amount  allowed  us,  for  the  Parishes  we  have  claimed  to  be 
exempt,  has  not  yet  been  entirely  settled. 


11 

The  last  Legislature,  in  every  thing  relating  to  the  military  expenditures, 
made  but  one  item  of  appropriation,  which  was  for  "  military  contingencies/' 
and  amounted  to  eighteen  hundred  thousand  dollars,  (81,800,000,)  but  three 
hundred  thousand  of  it  was  estimated  as  already  due  the  Bank  for  advances. 
This  would  leave  fifteen  hundred  thousand  dollars,  (§1,500,000,)  strictly  for 
military  contingencies.  This  sum  was  directed  to  be  raised  by  the  Bank  of 
the  State,  selling  bonds  of  the  State  drawing  seven  per  cent,  interest.  The 
different  banks  of  the  Stale  then  took  these  bonds  in  proportion  to  their 
respective  capi'als,  the  proceeds  of  which  were  deposited  iu  th£  Bank  of  the 
S  ate.  The  amount  of  the  bonds  thus  negotiated  for,  is  one  million  two 
hundred  and  eighteen  thousand  three  hundred  and  seventy-seven  dollars  and 
seventy-two  cents,  (■  L,218,377  72.) 

On  the  ninth  of  January  last,  the  Executive  Council  held  its  first 
informal  meeting,  and  on  the  sixteenth  it  was  efficiently  organized.  Two 
Chiefs  of  the  Treasury  were  at  first  appointed,  and  had  charge  of  all  the 
disbursements  and  accounts.  I  refer  to  the  Report  of  the  present  Chief  of 
the  Treasury  for  a  statement  of  its  administration,  and  of  all  details  con- 
nected with  his  department.  It  will  be  seen  that,  of  the  sum  above  named, 
there  has  been  expended  one  million  one  hundred  and  sixty  thousand  four 
hundred  and  thirty-nine  dollars  and  forty-seven  cents. 

A  clear  abstract  of  the  same,  made  by  James  Tupper,  Esq.,  is  herewith 
transmitted  and  referred  to. 

Of  the  amount  above  named,  there  was  three  hundred  thousand  dollars 
appropriated  by  the  Council  fur  a  State  gun-boat,  which  has  been  accepted 
by  the  Confederate  authorities,  and  that  Government  is  now  bound  for  it  by 
agreement. 

I  refer  to  the  very  clear  Report  of  General  DeSaussure,  Secretary  of  the 
Treasury,  for  the  amount  of  all  funds  used  from  June,  eighteen  hundred 
and  sixty-one,  up  to  the  ninth  of  January  last.  There  is  with  this  an  im- 
portant book,  giving  the  aggregate  amouuts  under  different  heads  and  de- 
partments.    The  items  are  all  set  forth  fully,  and  the  report  accompanies  this. 

Congress  passed  an  Act  appropriating  two  million  one  hundred  and 
eighty-nine  thousand  nine  hundred  and  ninety-five  dollars  and  seventeen 
cents,  dated  March  the  eleventh,  eighteen  hundred  and  sixty-one,  expressly 
to  pay  us  for  expenditures  for  and  on  account  of  all  troops  in  and  around 
Charleston,  from  the  eighth  of  February,  eighteen  hundred  and  sixfy-one, 
and  we  have  received  payment,  through  General  DeSaussure,  on  account 
and  vouchers  presented,  of  two  hundred  and  ninety-four  thousand  four 
hundred  and  seventy-five  dollars  and  ninety-three  cents.  This,  added  to  the 
amount  received  through  Judge  Frost,  makes  six  hundred  and  fifty-four 
thousand  seven  hundred  and  forty-four  dollars  and  thirty-four  cents.  Add 
to  this  the  thirty-two  thousand  dollars  (832,000)  paid  for   the  Lady  Davis? 


L2 

and   •  hundred  dollars  received  fi  L       Confederate 

Quartermaster,  for  horses  purchased  from  thia  State,  and  it  make-  an  aggre- 
ofsiz  hundred  and  eighty-nine  thousand  and  four-four  dollars.  There 
till  a  large  balance  due  us  under  that  A.ct — about  $1,31  1,162  9 

The  amount  the  State  expended  from  the  twentieth  of  December  up  to 
the  ninth  of  February,  the  period  wo  were  alone,  is  a  Bubjecl  of  just  claim 
against  the  Confedi  eminent.     We  turned  over  the  forts  and  public 

arms  an  1  stores'  which  we  acquired  during  this  period,  and.  of  course,  we 
should  be  refunded  the  expenses  incurred,  particularly  as  the  Confederate 
Government  gained  a  lull  equival 

I  recommend  that  an  Agent  he  appointed,  whoso  duly  it  will  he  to  attend 
in  all  these  claims,  and  have  them  acknowledged, as  soon  as  the  Government 
may  he  in  a  condition  to  adjust  them,  i  sent  on  General  DeSaussure  to 
settle  our  accounts  under  the  Aet  of  Congress  above  referred  to,  and  he, 
by  his  energy,  had  made  great  progress,  hut  the  difficulties  of  the 
ernment  and  the  great  pressure  in  the  country,  made  it  proper 
to  suspend  any  very  urgent  demands  under  the  then  existing  circum- 
stances. Judge  Frost,  the  former  head  of  the  Treasury,  als  •  showed  much 
assiduity  at  Montgomery  in  adjusting  many  of  our  claims,  and  he  did  obtain 
three  hundred  and  sixty  thousand  two  hundred  and  forty  eight  dollars  and 
fort3'-one  cents.  His  report  conies  up  to  the  eleventh  of  May,  eighteen 
hundred  and  sixty-one.  It  will  he  seen  by  the  report  from  General  Dedans- 
sure,  herewith  transmitted,  that  not  a  cent  from  public  funds  was  lost  in  any 
quarter,  and  that  all  accounts,  from  the  heads  of  every  department,  were 
fully  and  correctly  rendered  up  to  the  ninth,  of  January,  eighteen  hundri  d 
and  sixty-two.  The  §250,000  advanced  for  claims,  stands  on  a  different 
footing.  I  recommend  that  just  compensation  be  made  to  General  DeSaus- 
sure. 

I  refer  to  the  Adjutant  General's  Report,  which  is  herewith  transmitted. 
It  will  be  seen  that  we  had  actually  mustered  into  Confederate  service,  up 
to  the  ninth  of  January  lust,  the  period  when  the  Council  was  inaugurated 
and  remodelled  the  Executive,  thirty-two  thousand  one  hundred  and  forty- 
six  men,  all  armed  by  the  State.  All  estimates  made  alter  that  time  are 
necessarily  conjectural,  as,  under  the  Conscription  Act  passed  by  the  Council, 
and  the  Conscription  Act  of  the  Confederate  Government,  many  men  went 
into  service  as  individuals,  and  joined  such  companies  and  regiments  as  were 
already  in  service,  and  no  authentic  reports  have  been  officially  made  from 
the  officers  commanding  such  companies  or  regiments  as  to  the  number  thus 
received.  This  increase  in  our  forces  resulted  from  no  particular  organiza- 
tion, but  from  the  choice  of  the  men,  who  preferred  to  join  such  regiments 
rather  than  wait  for  particular  commands.  It  has  been  merely  conjectured 
that  the  number  heretofore  mustered  in  from  this  State  was  about  forty  two 


13 

thousand.  Recently,  eight  regiments  of  State  Reserves,  which  may  be 
estimated  at  six  hundred  each,  have  been  received,  by  special  arrangement 
with  the  Secretary  of  "War,  for  ninety  days'  service  in  the  State. 

I  transmit  herewith  the  Quartermaster  General's  Report,  which  gives  a 
full  statement  in  detail  of  supplies  on  hand  up  to  the  ninth  of  January, 
from  which  it  will  appear  that  in  large  amounts  the  material  for  our  sol- 
diers— blankets,  shoes,  wolicn  clothes,  and  all  the  essentials — the  purchases 
of  the  same  were  ordered  by  myself,  and  made  previous  to  the  formation  of 
the  Council,  and  that  since  that  period  but  little  has  born  added  to  the 
stores  then  on  hand.  The  funds  which  have  been  collected  in  this  depart- 
ment from  the  Confederate  Government  have  been  principally  acquired  by 
our  being  refunded  for  the  cost  of  this  material,  in  advancing  it  to  our 
soldiers.  Recently  large  supplies  of  clothing  and  blankets  have  been  sent 
from  the  Quartermaster's  department  to  our  Boldiera  in  Virginia,  and  of 
course  you  will  immediately  appropriate  a  sufficient  sum  to  provide  all 
necessary  clothing  for  our  men  who  may  be  Buffering  in  Virginia  or 
elsewhere. 

I  also  refer  to  the  Commissary  General's  Report,  to  show  that,  up  to  the 
same  period,  the  supplies  of  bacon,  flour,  salt  beef  and  salt  were  almost 
entirely  purchased  and  procured  previous  to  the  same  period,  and  the  de- 
partment has  been  reimbursed  in  the  same  way. 

I  would  suggest  that  you  take  the  first  steps  necessary  to  amend  our 
Constitution  so  that  the  Governor  shall  be  subject  to  re-election.  There  is 
no  reason  why  so  important  an  office  should  lie  filled  every  two  year-  by  a  new 
man,  if  the  duties  have  beeu  performed  faithfully.  Just  as  soon  as  he  becomes 
thoroughly  acquainted  with  the  duties  of  his  office,  and  informed  as  to  the 
wants  of  the  State,  he  has  to  leave  his  office,  and  another  is  selected  to  go 
the  same  round.  Resides,  if  the  office  is  important,  the  Governor  should 
be  held  responsible  by  being  subject  to  re-election,  and  by  being  brought 
directly  under  the  censure  or  approbation  of  those  who  have  the  power  to 
continue  or  dismiss  him.  There  is  still  a  higher  consideration  why  the 
Governor  should  be  subject  to  re  election,  or  his  term  of  office  be  length- 
ened, and  that  is  because  it  is  all-important  to  add  to  the  power  and  influence 
of  the  State  amongst  a  Confederacy  of  States.  Make  the  chief  magistracy 
an  office  of  high  responsibility  and  dignity,  and  thus,  too,  you  make  it  au 
object  worthy  the  highest  ambition,  to  be  sought  by  men  of  talent  and 
character  as  their  ultimate  aim.  This  will  tend  to  prevent  that  class  from 
too  eagerly  seeking  honor  and  distinction  alone  in  the  offices  of  the  Confed- 
erate Government.  The  reason  why  the  framers  of  our  wise  Constitution 
limited  the  office  of  Governor  to  two  years,  and  gave  such  small  powers  to 
the  incumbent,  arose  from  the  extreme  sensitiveness  that  was  engendered  in 
our  early   colonial  struggles  with  the  mother  country.     The  colony  was, 


14 

more  all  the  time  in  conflict  with  the  Governors  of  the  Crown,  sent 

out  to  govern  the  province,  and  our  ancestors  b  sgan  to  think  that  the  great 
oulv  from  the  Executive  branch  i  vernmenk 

re,  carried  out  this  jealuusj  a  Governor's  power  by 

giving  but  little   power,  in   times  of  peace,  to  the  Executive  office.     This 
wad  <  mincntly  wise,  when  the  appointing  power  was  in  th    Crown,  and  that 

,.,1  interest  antagonistic  to  the  people  or  the  interests  of  the  State. 
Under  01  i  .  the   people  occupy  the  same  positiou,  as  far  as  govern- 

.  is  concerned,  that  the  Crown  h.  ■  -  under  moru  arbitrary  f< 

iverumeut.     The  power  of  th  3  no  more  than  the  power  uf 

the  people,  as  he  is  their  agent,  and  responsible  to  them.  As  we  are  to 
c  immence  a  new  career,  under  a  new  Confederacy  of  equal  States,  I  think 
there  could  be  no  more  lit  occasion  to  reorganize  the  Executive  branch  of 
1  ar  State  Government,  which  might  be  made  to  add  greatly  to  the  di_ 
and  real  power  ofthe  State.  1  would  recommend,  in  connection  with  this 
subject,  that  the  appointment  of  ordinary,  sheriff,  and  tax  collector  lor  the 

ricts  be  made  by  the  Governor,  with  the  advice  and  consent  of  the 
Senate.  These  are  uot  properly  mere  District  officers,  but  officers  for  the 
1  in  the  administration  of  general  State  laws,  and  the  appoint- 
ment thus  made  would  generally  secure  the  most  energetic  and  impartial 
administration  of  those  laws.  It  is  the  election  of  salaried  officers  that 
tends  to  corrupt  the  people,  and  to  lower  the  tone  of  public  opinion,  and 
involves  them  in  a  constant  round  of  low  electioneering  and  combinations 
for  the  pos.^essiou  of  monied  offices,  all  unfavorable  to  elevated  feeling.  The 
true  principle  of  a  Republican  Government  is  to  make  all  legislative  offices 
subject  to  election  by  the  people,  so  that  the  law-making  power  may  ema- 
nate directly  from  them,  and  to  confine  this  representation,  thus  elected,  to 
small  localities  or  divisions,  and  let  all  those  who  administer  the  gent  ral 
laws  of  the  State  be  appointed  by  State  authority.  By  confining  the  elec- 
tions of  the  people  principally  to  those  who  make  the  laws,  you  elevate  the 
elective  franchise,  and  make  its  exercise  a  high  and  sacred  duty,  deeply 
valued  ;  but  enlarge  it  to  offices  of  profit,  and  exactly  the  reverse  is  pro- 
duced. We  have  esteemed  this  high  and  noble  privilege  of  the  people  too 
lightly.  The  experience  of  popular  elections,  and  of  extending  the  extreme 
principle  of  democracy  to  all  offices  of  all  kinds,  has  been  full  of  bitter 
fruits.  We  see  it  in  the  universal  profligacy  and  vulgar  brutality  that  is 
exhibited  in  all  the  Northern  States,  corrupting  the  very  fountains  that 
spring  up  around  the  temple  of  liberty,  where  the  people  gather  to  worship 
the  new  idols  of  their  daily  creation.  If  we  are  wise,  we  will  have  the 
manly  independence  to  avoid  these  extremes,  and  to  realize  the  great  truth, 
that  liberty  dees  not  consist  in  unbridled  privileges  to  the  people,  but  in  a 
system  of  wise  laws,  virtuously  and   firmly  administered.     Considering  my 


15 

position,  I  would    be  unfaithful  to  my  trusts  if  I  should    use   the    measured 
language  of  flattery,  and  disguise  the  truth. 

This  bloody  revolution  has  taught  us  many  solemn  truths,  as  to  the  un- 
limited elective  franchise,  and  the  extremes  of  democracy,  and  the  people 
■will  perceive  them,  if  public  men  and  politicians  will  do  their  whole  duty, 
and  not  use  the  smooth  language  of  flattery,  intended  but  to  deceive  and 
betray. 

Perhaps  this  may  not  yet  be  the  proper  time,  but  I  cannot  forbear  from 
calling  your  attention  to  the  duty  you  may  owe  your  State,  to  incorporate 
into  our  Constitution  a  principle  refusing  to  allow  any  man  t'>  vol 
those  who  were  citizens  at  the  time  of  out  adoption  i  f  tie  present  Confed- 
erate Constitution,  or  unless  hereafter  born  in  some  one  of  the  Confederate 
l  would  make  it  the  highest  privilege  el'  a  freeman  to  vote,  and  a 
mark  of  rank,  and  therefore  allow  mine  this  privilege  hereafter  unless  horu 
in  this  country.  Let  it  be  made,  by  all  the  safeguards  of  fixed  law.  as  high 
a  mark  of  pride  and  sank  to  be  called  a  citizen  of  this  S  lUfhern  Repu 
as  in  former  times  it  was,  in  Rome  t*>  he  called  a  "Roman  citizen."  This 
can  never  he  done  with  indiscriminate  elections,  and  granting  the  privil 
of  voting  indiscriminately  to  strangers  and  foreigners,  who  make  only  a 
short  sojourn,  without  interest  in  our  country,  and  without  knowledge  of  our 
peculiar  institutions.  To  exercise  a  Bound  discretion  in  thi  i  higB  privilege, 
upon  which  the  liberty  and  purity  of  the  country  depends,  can  only  he 
acquired  by  that  kind  of  education  which  is  al  »ne  obtained  by  being  born 
and  raised  here.  To  make  this  privilege  common  is  to  throw  away  a  pearl, 
around  which  glitter.;  every  thing  that  is  bright  and  pure  in  Republican 
government. 

It  is  a  source  of  deep  regret  that  the  war  has  suspended  our  literary  and 
theological  institutions,  and  more  especially  our  State  institution.  1  was 
ised  to  it,  and  endeavored  to  procure  the  adoption  of  a  measure  which, 
I  was  in  hopes,  might  have  saved  them  from  the  necessity  of  being  brought 
under  influences  that  have  drawn  off  the  students  into  military  service  in 
the  field.  I  desired  that  they  might  be  organized  into  so;  arate  and  distinct 
corps,  and  kept  under  officers  appointed  or  selected  from  their  profc— 
and  held  under  military  organization,  and  thus  kept  from  being  absorbed 
by  general  service  in  the  army.  If  the  State  should  have  been  in  a  pressing 
emergency,  they  could  have  been  ordered  out,  and  all  institutions  of  that 
kind  in  the  State  could  have  been  kept  together  under  an  independent, 
united  command.  But  it  was  decided  otherwise  by  those  who  had  the 
authority,  and,  as  they  thought,  from  necessity.  The  consequence  is,  that  all 
are  now  suspended,  aud  it  is  to  be  feared  that  the  injurious  effects  will  be 
seriously  felt  in  the  progress  of  events.  I  hope,  however,  that  no  consider- 
ations will  ever  induce  the  State  to  take  any  steps  that  may  lead  to  a  with- 


16 

drawal  of  its  patronage,  heretofore  bestowed,  upon  this  noble  institution. 
J i  ie  too  deeply  consecrated  in  the  heart-  of  our  people,  by  the  blessings  it 
has  Bhed  over  the  State,  ever  t  i  be  abandoned.  Under  existing  circum- 
b1  rao<  3,  however,  it  cannot  be  expected  that  the  appropriations  should  I 
large  as  heretofore.  I  therefore  recommend  that  the  salaries  of  the  Pro- 
feasors  be  reduced,  Ibr  the  present,  one-hall',  so  that  we  may  he  at  least  able 
to  secure  and  retain  the  services  of  the  very  able  Profi  SB  ir»,  who  are  now 
temporarily  thrown  out  of  employment.  As  the  Library  is  still  regularly 
opein'  I.  and  is  very  useful,  it  ought  to  be  Btriotly  kept  in  order,  the  Bame  as 
ever.  Perhaps,  therefore,  the  Librarian  should  receive  his  usual  salary, 
which  is  but  small. 

In  these  distressing  times  of  great  pressure  and  derangement  in  supplies. 
•nestly  recommend  to  your  most  charitable  protection  the  Lunatic  Asy- 
lum, and  also  the  Christian  and  benevolent  Institution  for  the  Deaf,  !>umb 
and  Blind.  The  great  increase  of  prices  in  breadstuff  will  require  some 
addition  to  the  usual  allowances  for  the  support  of  the  unfortunate  who  may 
b  too  poor  to  pay  for  their  own  support.  The  reports  from  these  institutions 
are  referred  to  your  attention.  I  also  call  your  attention  to  the  Report  of  the 
Trustees  of  the  Marine  School  at  Charleston.     It  deserves  your  patronage. 

The  report  of  the  Superintendent  of  the  State  House,  herewith  trans- 
mitted, is  referred  to  your  special  attention. 

In  my  Message  to  the  Extra  Session  of  November,  eighteen  hundred  and 
sixty-one,  I  called  the  attention  of  the  Legislature  to  the  state  of  our  Mili- 
tary Academies.  I  now  take  this  occasion  earnestly  to  suggest  again  that 
their  capacity  for  usefulness  be  enlarged.  As  all  other  institutions  are  now 
suspended  by  the  young  men  going  into  the  war,  our  State  Military  Acade- 
my is  the  only  public  institution  practically  open  to  education,  and  surely, 
at  this  period,  no  system  of  education  can  be  more  essential  to  our  success 
and  defence.  As  we  are  now  involved  in  an  entirely  new  state  of  things,  I 
would  recommend  that  you  increase  the  number  of  Visitors,  and  that  they 
be  filled  by  election,  exactly  as  the  Board  of  College  Trustees  is  now  filled, 
or,  as  it  is  a  military  institution  entirely,  perhaps  the  appointment  might  be 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate.  It  is  worthy 
of  your  immediate  consideration  how  far  this  institution,  in  all  its  branches, 
should  be  enlarged,  and  arrangements  also  made  to  receive  cadets  from  other 
Southern  States.  A  portion  of  the  college  buildings  might  be,  for  the  pres- 
ent, assigned  for  the  use  of  cadets,  if  more  than  usual  are  admitted. 
There  are  more  applicants  this  year  than  common.  I  transmit  with  this  a 
letter  from  General  Jones,  Chairman  of  the  Board  of  Visitors,  and  recom- 
mend that  an  appropriation  be  made  to  enlarge  permanently  the  buildings 
at  the  arsenal.  The  State  should  select  the  sons  of  meritorious  officers  who 
have  fallen  in  battle,  leaving  no  means,  and   assign  a  son  of  each  for  educa- 


17 

iion  in  this  institution,  and  the  sons  of  our  heroic  naval  officers  ought  also 
to  be  included.  It  is  due  to  many  who  have  loft  their  children  penniless, 
and  we  owe  it  to  ourselves,  that  they  should  not  be  neglected.  Our  State 
is  comparatively  small,  and   cannot   rival,  in  physi  r  material 

development,  the  larger  :;'  :t*  -.  but  by  a  high  grade  of  military  education, 
as  well  as  every  other  system  of  culture  and  education,  we  con  enlarge  our 
influence   and   usefulness.     We    can  only  hope  to  enter  the  r  iwer 

and  ascendency  by  the  high  moral  and  intellectual  endoi  .  our  peo- 

ple.    Large  territory  and  natural  resources,  with  a  large  j  .  will 

make  any  State  powerful,  but  to  make  a  small  State  a  great  one,  with  power 
and  influence,  requires  profound  wisdom  in  measures  calculated  to  develops 
intellectual  and  moral  culture,  as  well  as  devoted  m  and  heroic  valor. 

While  other  States  expend   millions   in   aid  of  material  advancement, 
■mist  spend  millions  in  thorough  education. 

Our  principal  arsenal  and    depot  for  small  arm-  ought  to  he  permanently 
in  Columbia.     The  olim  er,  and  more  .-  jrder  and 

arms,  than  Charleston. 

Im   previous  communications  to  the  Legislature,  I  called  attention  to  the 
irtance  of  establish!  mufaotorv   for  small   arms,  and  indicated 

•Greenville  as  having  had  such  a  factory  in  the  war  of  eighteen  hundred 
and  twelve,  and  I  also  drew  attention  to  the  iron  of  Spartanburg  as  being 
eminently  suitable,  from  its  great  adhesive  qualities,  foi  non,  and 

so  forth.  The  Executive  Council  have  made  such  an  establishment  at 
Greenville,  together  with  a  foundry.  The  place  is  well  selected,  and  the 
practical  judgment  of  tl  ruction,  aided  by  tl  v  and 

mechanical    talent  aud    knon  the   Superintendent,  has   forced    the 

sstablishment  into  rapid  maturity.  I  refer  to  the  reports  of  both  these  officers, 
and  also  to  the  report  of  Major  Eason,  State  ( Ordnance  Officer,  for  all  details, 
and  most  cordially  recommend  the  whole  matter  to  your  immediate  atten- 
tion. The  Legislature,  by  the  Act  of  eighteen  hundred  and  sixty,  created 
a  Board  of  Ordnance,  with  an  ordnance  officer,  ranking  as  colonel  of  artil- 
lery, with  a  salary  of  three  thousand  dollars.  The  law  required  this  Board 
of  Ordnance  to  be  appointed  by  the  Governor,  and  the  ordnance  officer  to 
be  appointed  by  the  Board.  Since  the  resignation  of  Colonel  Mauigault, 
an  officer  was  appointed  by  the  Council,  with  the  rank  of  major,  and  a  salary 
of  eighteen  hundred  dollars.  I  recommend  that  the  original  rank  and  pay 
of  the  officer  be  restored,  and  that  the  foundry,  together  with  the  factory 
for  small  arms,  be  placed  directly  under  the  supervision  of  the  State  Ord- 
nance Officer,  as  part  of  the  duties  of  his  office.  The  whole  military  re- 
sources of  the  State,  with  all  our  men  up  to  forty-five,  are  now,  by  law, 
placed  under  the  immediate  control  and  absolute  command  of  Confederate 
authority,  and  if,  under  these  circumstances,  it  should  be  thought  more  ex- 
3 


1- 

pedient  to  transfer  this  establishment  over  to  the  Confederate  Government, 
it  could  now  be  done  without   the  Blight*  to  the  State  j  but  if  this 

course  should  lie  pursued,  a  condition  ahould  he  made  that,  at  the  close  of 
this  war.  it  should  then  be  ti  I   back  fo  this  State      It  ought  to  be 

our  policy  to  keep  up  ;'.  State  Armory,  in  o.-der  to  place  the  supply  of  arms 
for  the  State  beyond  all  contingency  in  any  future  emergency.  We  have 
seen  the  danger  of  our  posit bm  recently,  and  I  trust  the  day  will  never 
come  again  that  will  find  the  State  without  an  ample  supply  of  arms. 

The  Council  established  a  saltpetre  plantation  near  this  place.  I  believe 
it  is  the  first  of  the  kind  ever  established  in  our  country.  The  expenses 
have  been  moderate,  and  I  refer  you  to  a  report  from  Dr.  Ford,  the  Super- 
intendent, for  all  details.  There  was  great  danger  of  scarcity  in  the  mate- 
rial for  gun-powder,  and  it  was  deemed  essentia!  to  put  ourselves  beyond 
difficulty  as  to  this  matter.  It  is  hoped  that  it  will  soon  begin  to  yield  re- 
turns. As  an  experiment,  it  was  eminently  useful,  in  calling  public  atten- 
tion to  the  enterprise.  If  it  is  thought  proper,  I  have  no  doubt  the  whole 
matter  could  be  turned  over  to  the  Confederate  Government  without  loss. 
In  several  countries  in  the  north  of  Europe,  taxes  are  partly  paid  in  salt- 
petre, so  essential  is  it  to  a  country's  independence.  Perhaps  it  might  be 
proper  to  place  it  also  directly  under  the  supervision  of  the  State  Ordnance 
Officer,  if  the  State  retains  it. 

The  Executive  Council  have  repealed  all  their  laws,  or  resolutions  having 
the  effect  of  laws,  relating  to  distillation  of  spirits,  to  take  effect  at  the 
close  of  your  present  session.  I  call  your  attention  to  this,  because  I  deem 
it,  of  the  highest  importance  to  the  welfare  of  the  people,  and  particularly 
to  our  soldiers,  and  their  families  at  home,  that  you  should  pass  the  most 
stringent  laws  against  all  distillation  of  spirits  from  grain,  except  for  medi- 
cal purposes  alone,  and  I  trust  a  wise  and  energetic  system  will  certainly  be 
adopted  by  which  your  law,  in  relation  to  this  matter,  shall  be  strictly  en- 
forced. The  reasons  for  this  are  so  obvious  that  it  is  not  necessary  to  urge 
them. 

The  Executive  Council  have  endeavored  to  stimulate  the  manufacture  of 
salt,  and  fifty  thousand  dollars  were  set  aside  for  this  purpose.  Much  has 
been  done,  but  much  more  is  required  to  be  done  to  satisfy  the  wants  of  the 
people  as  to  this  great  necessary  of  life.  I  refer  you  to  the  report  of  the  Chief 
of  Justice  for  details  on  this  subject.  I  endeavored  to  make  a  contract  with 
the  owners  of  the  salt  works  near  Abingdon,  Va.,  but  they  accompanied 
their  proposals  with  such  conditions,  bearing  upon  the  private  rights  of  one 
of  our  distinguished  citizens,  who  holds  a  mortgage  on  the  works,  that  I 
could  not,  with  justice,  think  of  accepting  them.  I  appointed  a  gentleman 
to  try  and  make  arrangements  for  transportation  over  the  railroads  for  one 
hundred  thousand  bushels,  but  he  found  it  impossible  to  get  it.     Besides,  I 


19 

do  not  believe  any  large  amount  of  salt  could  be  procured,  within  the  time 
we  required  it,  from  the  works,  even  if  I  could  have  obtained  transporta- 
tion. I  hope,  by  the  production  now  being  furnished  from  our  own  coast, 
which  ia  increasing,  that  by  the  last  of  January  enough  may  be  procured  to 
sufiic-e,  upou  the  most  limited  economy  in  its  use.  Three  hundred  sacks  of 
Liverpool  salt,  a  part  of  that  which  I  took  in  our  different  towns  last  year, 
.for  the  State,  have  been  recently  directed  by  the  Council  to  be  sold,  in 
small  amounts,  by  the  committees  for  the  relief  of  the  soldiers'  families  iti 
the  different  Districts.  True,  the  wants  of  the  poor  are  very  serious,  but  it 
is  incident  to  our  situation  in  this  great  struggle  for  our  homes  and  exist- 
ence, and  I  trust  that  those  who  have  the  supply  and  the  means  will  use 
all  their  best  exertions,  in  every  neighborhood,  to  see  that  there  shall  be  no 
actual  suffering. 

The  last  Legislature  created  by  law  Provost  Marshals,  with  their  Asso- 
ciates, in  the  sea-coast  Districts  of  the  State,  and  allowed  their  establishment 
in  any  other  District,  not  already  provided  for,  whose  representatives  desired 
it.  These  Marshals  established  courts,  under  instructions  which  I  sent 
them — a  copy  of  which  ia  herewith  transmitted.  I  sugg<-<t  that  the  books 
and  records  of  these  courts  be  examine  1,  and  that  the  whole  matter  be  re- 
vised by  your  body — suggesting  such  amendments  as  may  appear  proper, 
or  discontinuing  them,  if  you  think  it  best.  My  impression  is,  that  under 
proper  accountability,  they  might  be  made  of  great  use  in  our  present 
situation. 

One  great  cause  of  the  unanimity  and  deep  enthusiasm  of  the  whole 
people  in  this  war  for  our  independence,  arises  from  the  fervor  and  religious 
zeal  in  the  cause  which  our  clergy  and  laity,  of  all  denominations,  have 
manifested.  They  have  made  it  almost  a  holy  war.  Added  to  this  has  been 
the  patriotic  and  intense  feeling  our  women  have  universally  exhibited. 
No  men  who  have  such  mothers,  such  wives,  and  such  sisters,  were  ever 
born  to  be  enslaved.  We,  of  this  State,  owe  a  debt  of  lasting  gratitude  to 
the  women  of  Virginia,  in  particular.  There  is  scarcely  a  mother,  a  wife, 
or  a  sister  ii>  South  Carolina,  (and  there  are  thousands,)  mourning  for  the 
loss  of  their  loved  ones  that  have  perished  on  the  bloody  fields  of  Virginia, 
whose  grieving  heart  has  not  received  comfort  from  the  thought  that  the 
sinking  soldier  and  hero  had  his  dying  moments  soothed  by  the  kind  atten- 
tions of  some  tender  female  of  Virginia.  Xo  people  of  any  age  or  country 
have  ever  suffered  more  than  they  have  in  the  noble  State  of  Virginia,  and 
no  people,  with  the  same  amount  of  population,  have  ever,  in  the  annals  of 
history,  presented  to  the  world  more  captains  of  higher  qualities  to  lead 
and  to  command,  or  soldiers  of  more  heroic  valor,  than  has  Virginia,  amid 
her  terrible  sufferings;  and  hereafter,  when  asked  for  her  jewels,  Virginia 


20 

"Will  not  be  confined  alone  to  her  sons,  but  .be  can  turn  and  prondly  poim'  to 
her  daugl:  earls  that  will  throw  a  more  royal  lustre  from  her  diadem 

of  honor. 

I  would  recommend  that  an  energetic,  responsible  Agent  be  appointed  by 
the  State,  to  be  stationed,  for  the  present,  at  or  near  Richmond,  whose  duty 
it  will  be  to  aid  and  assist  our  siek  and  wounded  soldiers  in  obtaining 
their  furloughs  in  proper  form,  and  transportation  also,  both  on  their  coming 
home  and  returning,  so  that  none  shall  suffer  from  ignorance  or  neglect. 
This  Agenl  could  be  charged  with  seeing  that  all  aid  and  assistance,  i'i 
supplies  of  all  kinds  for  our  soldiers,  should  be  properly  attended  to  and 
forwarded.  It  might  be,  perhaps,  of  great  relief  to  the  helpless  and  unin- 
formed of  our  men,  who  may  be  exposed  to  imposition  or  neglect.  I  would 
respectfully  suggest  that  this  Agent  may  have  the  rank  and  pay  of  a  captain 
in  service,  and  a  limited  sum  of  money  might  be  placed  in  his  charge  to 
relieve  all  the  pressing  and  immediate  wants  of  the  needy,  who  are  sick, 
wounded,  or  honorably  discharged.  This  appointment  might  be  made  by 
the  Governor,  by  aud  with  the  advice  and  consent  of  the  Senate.  Although 
I  agreed  to  the  mode,  because  it  was  the  best  J  could  do  under  the  circum- 
stances by  which  I  was  surrounded,  yet  I  do  not  think  that  any  Executive 
Council  is  a  fit  and  suitable  body  to  make  appointments  in  the  military,  as 
a  general  rule.  I  still  think,  however,  as  I  have  heretofore  urged,  that, 
during  revolution  and  war,  the  most  suitable  way  to  Mil  all  field  offices  for 
active  service,  is  for  the  appointment  to  be  made  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate.  The  representation  in  this  body  of 
every  Parish  and  District  in  the  State,  would  enable  it  to  judge  of  any  unfit 
nomination  made  by  the  Governor,  and  to  refuse  it. 

It  is  necessary  that  the  Legislature  should  agree  upon  some  permanent 
plan  by  which  negro  labor  shall  be  furnished,  for  work  to  be  done  along  our 
sea-coast,  and  particularly  for  the  defences  of  Charleston.  The  manner  in 
which  the  impressment  of  this  labor  has  been  executed,  has  produced  an 
unpleasant  state  of  feeling,  and  much  complaint.  Then  the  extremely  care- 
less government  that  has  been  instituted  over  them,  after  they  are  placed 
under  Confederate  officers,  together  with  the  poor  attention  paid  to  them, 
has  also  increased  this  dissatisfaction.  Perhaps  all  this  is  naturally  incident 
to  any  corps  not  regularly  under  strict  army  regulations. 

Just  at  the  close  of  the  last  Legislature  a  joint  resolution  was  passed, 
directing  the  Governor  to  furnish  labor  under  requisitions  from  Confederate 
Generals,  and  to  exercise,  if  necessary,  the  power  of  impressment  for  that 
purpose.  In  April  last  I  proposed  to  the  Council  to  adopt  a  plan  by  which 
a  corps  of  negroes  should  be  organized  aud  attached  to  each  regiment  or 
brigade,  as  axemen  and  spadesmen,  to  be  placed  under  military  government 


21 

and  orders  in  service.  I  desired  this  organization,  upon  the  basis  that  <  i 
owner  of  negroes  should  furnish  as  many  men  as  he  might  select,  and  put 
them  regularly  into  the  army,  to  draw  regular  rations,  and  the  owners  to 
receive  their  pay.  One  per  cent,  on  the  four  hundred  thousand  slaves  in 
the  State  would  give  four  thousand  for  such  an  organization,  and  tins  would 
he  more  than  ample*  fo-  all  purposes.  Let  these  corps  be  formed  into  :;xl- 
men,  ditchers  and  laborers  generally,  and  under  regular  orders  and  discipline 
suited  to  them.  Let  this  be  a  permanent  arrangement,  which  would  relieve 
all  the  agricultural  negroes  of  tlie  country  from  arbitrary  and  irregular  calls 
at  seasons  not  at  all  suitable.  Bi  sidi  s,  this  would  enable  every  man  to  send 
off,  to  be  put  under  the  military  regulations  of  the  army,  all  negro  men  who 
might  be  difficult  to  manage  at  home,  where  women  and  children  are,  for 
the  most  part,  left  alone.  It  would  have  the  further  effect  of  identify 
our  slave  population,  to  a  certain  extent, .with  cur  armies,  Which  would  pro- 
duce a  wholesome  feeling  of  allegiance,  and  thus  aid  in  the  police  govern- 
ment of  that  class.  All  (hi^  Bystem  could  be  organized  readily,  and,  I  think 
upon  a  far  more  certain  fooling  as  t<>  labor,  and  with  far  less  expense  and 
inconvenience  to  owners.  Many  small  owners  of  slaves  would  volunteer 
none,  but  large  owners  would,  and  in  many  sections,  particularly  where  they 
are  exposed  to  the  enemy,  they  would  select  perhaps  live  per  cent,  on  all 
they  own,  because  the}  could  thu<  those  most  unruly  and  uncertain, 

and  secure  them  in  the  army.  If  lost  or  killed,  then  let  the  Government 
be  responsible  for  their  value,  exactly  as  it  is  to  those  who  furnish  cavalry 
horses.  My  impression  is  that  it  would  bo  a  good  police  arrangement,  that 
would  strengthen  the  interior  peace  of  the  State. 

This  was  the  substance  of  the  proposition  I  made  in  April  last,  bul 
was  overruled,  I  was  compelled  to  give  my  assent  to  the  other  system  pro- 
posed, because,  like  in  many  other  cases,  where  I  was  called  on  to  do  any- 
thing, I  had  to  do  the  best  I  could  in  relation  to  secondary  measures.  I 
think,  if  what  I  had  then  proposed  had  been  adopted,  it  would  have  saved 
much  unpleasant  feeling  in  the  State,  and  also  large  losses  from  the  irregular 
mode  of  calling  for  labor  when  it  is  engaged  in  agricultural  pursuits.  I 
therefore  recommend  that  you  take  this  subject  up  as  soon  as  possible,  and 
adopt  some  efficient  system,  in  concert  with  and  by  assent  of  Confederate 
authorities,  such  as  I  have  presented.  I  wrote  to  General  Beauregard,  and 
suggested  to  him  my  plan,  and  in  a  letter,  dated  the  eighth  of  November, 
instant,  he  highly  approves  of  it,  and  recommends  that  "  each  brigade  of 
four  regiments  shall  have  two  hundred  negro  pioneers  or  laborers."  A  copy 
of  all  that  portion  of  the  letter  is  herewith  transmitted. 

The  works  around  Charleston  arc  extensive,  and  it  is  of  the  last  import- 
ance they  should  be  completed  on  the  most  scientific  and  solid  scale.     Now 


that  we  Inve  witnessed  the  desperate  and  malignant  hostility  of  our  exas- 
perated enemies,  we  may  certainly  expect  that,  even  after  peace,  they  may 
threaten  us  at  any  moment  hereafter,  and  it  becomes  us  to  be  permanently 
and  thoroughly  prepared.  The  works  around  Charleston  are,  therefore,  not 
to  be  viewed  as  temporary,  but  in  the  course  of  events  they  must  be  looked 
to  as  part  of  our  permanent  defence,  and  necessary  to  our  future  safety. 
The  whole  State  is  deep  y  and  directly  interested  for  our  independence  and 
protection  against  these  our  worst  and  most  bitter  enemies,  and  wo  canuot 
be  secure  without  the  largest  and  niosl  substantial  system  of  defences  around 
and  near  Charleston.  Let,  no  man.  in  a  remote  part  of  the  State,  imagine 
that  the  work  done  there  is  not  necessary  to  the  protection  of  his  own  home 
and  fireside. 

The  Convention,  at  their  last  meeting,  have  referred  the  proceeding 
the  Executive  Council  to  your  supervision  aud  jurisdiction,  and  have  expressly 
submitted  to  you  the  power  to  continue  it  or  not.  This  Executive  Council 
was  established  early  in  January  last,  and  as  soon  as  the  Ordinance  creating 
it  was  sent  to  me,  I  addressed  a  communication  to  the  Convention,  dated 
January  the  eighth,  a  copy  of  which  is  herewith  transmitted.  I  thus  most 
respectfully  filed  my  objections  and  protest. 

The  first  section  of  this  Ordinance  declares,  that  the  "  Executive  Council 
shail  co  isist  of  the  Lieutenant  Governor,  aud  three  other  citizens  of  the 
State,  to  be  chosen  by  the  Convention  by  ballot." 

The  second  section  then  speaks  of  the  "  Governor  and  Executive  Council 
acting  together,"  and  confers  unlimited  power  "  to  declare  martial  law,"  "  to 
arrest  and  detain  all  disloyal  aud  disaffected  persons,"  and  "  to  order  and 
enforce  such  disposition  of  private  property  for  public  use  as  the  public 
o-ood  shall  appear  to  them  to  require."  It  also  confers  absolute  power  over 
the  organ izatfon  of  all  military  forces,  from  "  the  whole  or  any  part  of  the 
population  of  the  State,"  to  draw  money  from  the  public  Treasury  without 
appropriation  by  law,  and  to  make  all  "  nominations  and  appointments  here- 
tofore made  by  the  Governor."  As  to  "disloyal  or  disaffected  persons,"  it 
uspeuds  habeas  corpus.  This,  together  with  the  power  to  declare  martial 
law,  to  seize  private  property,  to  make  any  absolute  orders  of  a  military 
nature,  embracing  the  whole  population,  and  to  draw  money  from  the  Treas- 
ury without  appropriation  by  law,  makes  a  complete  concentration  of  all 
power  in  the  hands  of  the  Council.  True,  the  Governor  is  spoken  of  as 
separate,  but  whether  it  was  intended  that  his  concurrence  and  consent 
should  be  necessary  to  consummate  any  or  all  of  these  powers,  does  not  dis- 
tinctly i  ppear.  At  first  the  inference  would  seem  to  be,  that  it  was  neces- 
sary thai  the  Governor  and  the  Council  should  "  act  together."  However, 
the  mode  adopted  by  those  best  informed  of  the  intention  of  the  Conven- 


23 

tion  was,  in  fact,  a  total  absorption  of  the  Governor,  for  every  proposition 
and  order  was  taken  by  vote,  each  vote  counting  one,  and  a  majority  making 
the  order.  This,  of  course,  is  a  direct  violation  of  all  the  constitutional 
attributes  that  necessarily  attach  to  the  clause  which  declares  that  the 
u  Governor  shall  be  the  Commander-in-Chief."  It  will  be  seen,  by  the  re- 
ports from  members  of  this  Council,  made  to  the  Convention  at  its  recent 
session,  and  more  particularly  from  the  Report  of  the  Chief  of  the  Military, 
that  all  the  rules  for  the  administration  of  the  separate  departments  were 
made  by  the  members  themselves,  aud  by  the  fifth  rule  for  the  Military 
Department,  even  the  nominations  to  all  offices,  "heretofore  vested  by  law 
in  the  Governor,"  were  expressly  vested  in  the  head  of  that  Department. 
The  Council  partitioned  out  the  powers  of  the  Executive,  and  assigned 
themselves  as  the  heads  of  the  Departments  thus  created.  According  to 
the  second  clause  of  the  Ordinance,  I  could  not  even  appoint  an  Aid.  Of 
course,  under  all  these  circumstances,  1  Bhould  certainly  have  called  the 
Legislature  together,  and  resigned  my  office,  but  for  the  extraordinary  po- 
sition the  State  was  in  ;it  that  time.  It  will  not  require  a  close  analysis  of 
this  Ordinance  to  show  that,  under  the  pretext  of  "strengthening  the  Ex- 
ecutive," the  Constitution  was  grossly  and  needlessly  violated,  and  the  result, 
as  exhibited  in  the  confusion  and  opposition  created  in  the  State,  heretofore 
so  united,  shows  that  men.  however  learned  and  able  as  exponents  of  law, 
may  yet  be  eutirely  ignorant  of  all  the  practical  workings  and  actual  needs 
of  the  governing  power  for  a  free  people. 

I  had  been  elected,  by  the  regularly  constituted  Legislature  of  the  State. 
to  take  charge  of  her  destiny  and  direct  her  movements,  when  she  was 
rousing  herself  to  step  forward  and  form  the  nucleus  around  which  a  new 
Confederacy  might  gather — thus  standing  like  a  shining  larg<  I  before  her 
powerful  foes,  with  doubt,  danger  and  uncertainty  on  every  side.  The  very 
day  after  I  was  inaugurated,  I  sent  a  trusty  Agent  and  located  him  in 
Fortress  Monroe,  with  orders  to  give  me  the  most  authentic  information 
constantly  of  what  was  doing  there,  because  I  knew  it  was  the  nearest  post 
from  which  military  reinforcements  could  be  sent  to  Charleston  harbor.  I 
could  thus  tell  what  we  were  to  expect  by  what  I  heard  from  that  fort: 
for  I  knew  we  would  have  war.  It  was  my  order,  on  the  twenty-seventh  of 
December,  eighteen  hundred  and  sixty,  by  which,  in  the  face  of  a  powerful 
fortress  and  an  armed  foe,  the  two  first  Federal  forts  were  taken,  from  whose 
parapets  the  proud  flag  of  the  old  Union  was  lowered,  and  the  defiant  flag 
of  our  independent  State  run  up  in  its  stead.  This  was  done  while  the 
Convention  was  yet  discussing  the  propriety  of  doing  it.  So,  too,  on  the 
ninth  of  January,  eighteen  hundred  and  sixty-one,  it  was  by  my  order, 
against  solemn  entreaties  to  the  contrary,  that  the  first  cannon  was  fired 


.:! 

into  the  Star  of  the  Y\  ig  armed  men  and  succor  to  Port  Sumter. 

These  are  the  acts  which  practically  inaugurated  this  war,  the  effects  of 
which  will  be  deeply  felt  for  ages  to  c  ime.     1  well  knew  the  danger  then, 
and  fully  understood  my  deep  res]    nsibility.     At  that  time  there  w. 
certainty  as  to  any  other  State  moving.     I   mention  this,  not  in   ere. lit  to 
myself,  for  1  was  but  Lb  at  of  the  will  and  spirit  of  the  State,  but 

I  mention  it  to  remind  you,  that  !>\  your  appointment,  I  then  stood  on  the 
quarter-deck,  when  the  s  ia  was  'lark  and  the  Bhip  alone.  I  saw  the  breakers 
through  which  she  was  to  be  driven,  and  no  man  can  Bay  that  the  helm 
ever  trembled  in  my  hand,  or  that  the  vessel  ever  veered,  for  one  moment, 
from  her  direct  an'!  onward  path.  My  record 'was  before  the  Convention, 
bul  I  have  yet  to  learn  on  what,  act  or  acts  of  mine  they  predicated  their 
remarkable  experiment  in  government. 

A  sense  of  injustice,  and  tint  influence  of  ardent  friends,  might  have  im- 
pelled me  to  a  different  course  from  that  which  i  pursued  at  this  juncture, 
but  my  high  sense  of  duty  towards  the  State,  and  my  sincere  desire  to  secure 
her  ultimate  good,  induced  rac  to  bear  all  with  such  patience  as  I  could,  and 
to  pursue  that  path  which  I  deemed  wisest,  in  her  behalf.  The  loss  0T 
change  of  power  to  me,  personally,  was  nothing,  but  to  the  Constitution  and 
the  State  it  was  every  thing.  The  presence  of  a  malignant  and  ravaging 
foe  upon  our  coast,  with  a  powerful  army  threatening  Charleston,  and  the 
.absence  of  a  large  portion  of  our  men  in  the  army  of  Virginia,  rendered 
unity  of  feeling  and  purpose  in  our  domestic  government  absolutely  necessary 
for  the  time  being,  and  weighed  deeply  in  my  determination  to  await  events, 
and  to  submit  to  what  had  beci^doue.  I  also  knew  that  dissatisfaction  and 
confusion  would  arise  when  the  immediate  danger  and  pressure  had  passed, 
and  I  desired  that  the  responsibility  should  rest  wdicre  it  properly  belonged. 
I  preferred  that  the  issue  should  be  made  between  the  people  of  the  State 
and  the  body  which  had  assumed  all  power  over  them  ;  for  1  well  knew  that 
-a  people,  born  and  educated  to  freedom,  would  rebuke  the  attempt  which  in 
this  case  had  been  made  to  create  an  arbitrary  and  illegal  Government. 

The  Convention,  at  its  last  meeting,  seemed  to  desire  to  shift  the  respon- 
sibility of  terminating  the  existence  of  a  tribunal  which  they  had,  at  a  pre- 
vious meeting,  ordained  should  continue  for  and  during  the  war,  and  to 
throw  that  responsibility  upon  the  Legislature,  coming  fresh  from  the 
people.  Instead  of  protecting  it  against  accountability  to  another  body, 
they  have  made  its  acts  open  to  full  inspection  and  investigation,  and  that, 
too,  under  peculiar  circumstances,  where  they  themselves  ought  to  have 
assumed  the  responsibility  of  restoring  the  regular  and  ordinary  Govern- 
ment.    This  might  have  saved  any  further  discussion  or  division. 


25 

The  second  section  of  an  Ordinance  passed  at  their  last  session,  expressly 
makes  it  my  duty  to  open  up  all  its  proceedings  to  you — at  least  back  to 
the  commencement  of  that  session — and,  by  inference,  to  an  examination 
of  all  before;  because  you  could  not  have  a  full  understanding  of  the 
duties  they  required  you  to  discharge  in  relation  to  the  policy  of  continuing 
the  Council  or  not,  without  knowing  all  the  facts  and  all  its  proceedings. 
With  that  view,  I  believe,  they  declared  all  their  proceedings  open  to  the 
public,  with  the  books  of  record  kept  by  their  Council. 

By  an  Ordinance  passed  the  second  of  January  last,  eutitled  "  An  Or- 
dinance for  the  removal  of  negroes  and  other  property,"  a  commission  of 
three  from  each  of  the  sea-board  Districts  was  elected,  and,  by  the  tenth 
section  of  the  said  Ordinance,  this  commission  was  expressly  authorized  to 
draw  up©n  the  Treasury  for  any  sums  they  might  deem  necessary  to  remove 
and  support  negroes.  Each  separate  commission  of  three  had  this  power, 
limited  only  by  what  they  might  think  "  necessary."  They  were  not  di- 
rected to  let  the  Governor,  or  even  the  Council,  know  what  amounts  they 
might  at  any  time  draw,  nor  do  I  see  any  provision  for  their  accounting, 
except  to  the  first  meeting  of  the  Convention,  if  that  should  take  place 
before  the  meeting  of  the  Legislature.  The  tenth  section  concludes  in 
these  words :  "  And  that  the  Legislature  be  directed  to  provide  ways  and 
means  to  reimburse  the  Treasury."  It  will  be  seen  that  this  Ordinance 
directly  violates  that  great  principle  of  the  Constitution  which  declares 
that  "  no  money  shall  be  drawn  out  of  the  public  Treasury,  but  by  the 
legislative  authority  of  the  State."  This  has  given  to  a  tribunal  created 
separate  from  the  Convention  itself,  this  direct  power.  The  whole  Ordi- 
nance sets  a  dangerous  and  impolitic  precedent  in  our  State,  and  I  recom- 
mend that  steps  be  taken  to  cause  proper  accounts  for  all  moneys  drawn 
under  it  to  be  rendered,  and  that  the  records  kept  by  those  commissions 
be  examined.  The  eighth  section  seems  to  contemplate  this,  if  the  Con- 
vention itself  had  not,  in  the  meantime,  held  a  meeting. 

I  can  appreciate  the  circumstances  under  which  the  Convention  acted. 
But  they  acted  under  the  excitement  produced  by  the  fall  of  Port  Royal, 
and  I  knew  the  time  would  come  for  the  State  to  right  itself.  That  time 
has  come,  and  I  most  respectfully  recommend  that,  as  the  guardians  of  the 
Constitution  and  Law,  you  do  now  restore  to  the  State  the  regular  and  ordi- 
nary Government. 

To  vest  power  to  make,  construe  and  execute  law,  in  the  same  hands,  is 
of  the  very  essence  of  despotism,  and  the  exercise  of  any  such  power,  even 
in  the  hands  of  the  wisest  and  purest  of  men,  would  necessarily  produce 
the  deepest  dissatisfaction  in  any  community  trained  up  as  freemen,  and 
who  had  lived  under  the  regular  administration  of  fixed  law.  The  dissat- 
4 


26 

isfaction  and  restivencss  under  this  new  and  unauthorized  system,  exhibited 
in  certain  portions  of  the  State,  has  not  arisen  from  any  disloyalty  or  indis- 
position to  discharge  all  their  duties  faithfully,  bat  from  a  feeling  of  sensi- 
tiveness under  what  they  deemed  an  unnecessary  and  arbitrary  establish- 
ment of  an  unusual  and  irregular  Government.  . 

The  example  quoted  from  the  early  history  of  this  State,  when  one  of 
our  most  illustrious  citizens  was  vested  with  a  Dictatorship,  is  not  at  all  ap- 
plicable to  the  State  in  her  present  situation.  We  were  then  in  our  infancy, 
and  had  never  been  accustomed  to  independent  self-government.  We  had, 
comparatively  speaking,  a  wild  country,  with  sparse  population.  We  were 
simply  a  Colony,  and  in  fact  with  no  Government.  Wo  have  now  had  eighty 
years  of  self-government,  when  our  forms  and  laws  have  become  fixed  and 
settled,  with  a  dense  population  of  sensitive  and  educated  freemen.  No 
people  upon  earth  arc  more  restive  under  arbitrary  power  than  we  are. 
Besides,  our  whole  form  of  Government  is  conservative,  aud  full  of  checks 
and  restraints — more  so  than  that  of  any  other  State  in  the  Confederacy. 
Our  Senate  represents  mere  territorial  divisions,  and  is  so  formed  as  to  check 
the  more  dominating  influence  of  other  branches.  We  have  representation 
of  property  in  both  Houses.  For  every  sixty-second  part  that  the  taxation 
of  a  Parish  or  District  bears  to  the  taxation  of  the  whole  State,  it  is  en- 
titled to  one  Representative ;  and  for  every  sixty-second  part  that  the  white 
population  of  a  Parish  or  District  bears  to  the  white  population  of  the 
whole  State,  it  is  entitled  to  another  Representative ;  and  we  take  a  Stato 
census  every  ten  years,  and  estimate  the  taxes  that  have  been  collected 
during  that  period,  and  according  to  this  we  readjust  our  representation 
every  ten  years,  so  that  it  shall  follow  this  combined  principle  wherever 
any  changes  in  population  or  in  property  have  been  made.  It  is,  in  fact,  a 
representation  of  taxation  and  population  combined,  and  is  the  wisest  and 
most  philosophical  principle  that  has  been  adopted  by  any  State  in  the 
Confederacy.  Prom  this,  population  has  all  the  strength  necessary  to  give 
it  power  and  contentment,  and  property  has  all  that  is  necessary  to  protect 
itself.  This  it  is  that  makes  us  so  eminently  a  conservative  State  and  a 
united  people.  Under  our  wise,  but  complicated  system,  we  do  not,  in  any 
great  measure,  take  the  sense  of  the  people  of  South  Carolina,  as  a  people» 
but  we  take  the  sense  of  the  interests  or  estates  of  the  State,  which 
is  equivalent  to  consulting  the  estates  of  the  Reajm — a  process  so 
deeply  identified  with  all  our  ideas  drawn  from  the  great  common-law 
laud  of  English  liberty.  Any  single  Assembly,  without  the  checks  that 
come  from  the  action  of  separate  bodies,  that  assumes  to  exercise,  of  itself, 
legislative  powers,  must  necessarily  amalgamate  these  estates,  and  produce 
confusion   and  discontent,  by  deranging   the   order  of  our  whole   system. 


27 

The  clause  in  our  Constitution  giving  power  to  call  a  Convention,  is  pecu- 
liar. It  does  not  pay  the  Legislature  may  or  can  call  a  Convention,  but  it 
declares    that  "no  Convention    of  the    people  shall   be  called,"  except  on 

certain  conditions.  No  Convention  can  be  called,  except  by  a  concurrent 
vote  of  both  branches  of  our  Legislature,  aud  then  by  a  vote  of  two-thirds 
in  each  House.  The  Constitution  of  the  State  is  itself  a  compact  between 
the  people,  in  which  the  sense  of  the  State  is  taken  by  a  full  representation 
of  estates  which  form  the  State.  The  angry  controversy  between  the 
upper  and  lower  country,  previous  to  eighteen  hundred  and  eight,  need 
barely  be  alluded  to  for  lull  illustration  of  this.  The  Constitution  itself 
can  be  altered  by  two  successive  Legislatures,  and  there  is  no  necessity  for 
a  Convention  to  alter  it,  which  shows  that  under  our  system,  so  far  as  or- 
ganic law  is  concerned,  sovereignty  is  expressed  through  two  successive 
Legislatures,  or  the  Legislature  is  supposed  to  express  the  sense  of  the 
State,  taken,  not  by  population,  or  the  people  alone,  but  by  the  different 
estates  represented. 

The  clause  giving  power  to  the  Legislature  to  alter  the  Cuii>titution,  fol- 
lows immediately  after  the  clause  giving  power  to  call  a  Convention,  aud  is 
also  very  peculiar  in  its  language  and  guards.  It  does  not  say  the  Legisla- 
ture may  alter  the  Constitution  upon  certain  conditions,  but.  directly  follow- 
ing upon  the  other  clause,  it  declares  that  "  no  part  of  this  Constitution 
shall  be  altered,"  except  by  the  forms  prescribed  in  the  clause  itself.  There 
is  no  other  State,  that  I  kuow  of,  which  allows  the  Legislature  the  high 
power  of  altering  its  Constitution.  It  is  granted  here  because  those  who 
made  it  intended  to  guard  peculiar  interests  aud  privileges  in  the  State. 

No  Convention,  under  our  system,  need  ever  be  called,  except  for  one 
purpose  only,  and  that  is  to  withdraw  our  State  from  any  compact  with  other 
independent  States,  and  this  merely  because  it  was  through  such  a  body 
that  the  compact  itself  was  origin  illy  made  binding  upon  the  State.  Under 
this  view  of  the  question,  it  must  be  clear  that  it  is  against  the  whole 
spirit  and  genius  of  our  system  that  a  Convention  should  alter  or  amend 
the  Constitution  on  local  points;  and  if  so,  how  much  more  true  must  it  be 
that  they  cannot,  on  points  affecting  our  internal  relations,  legislate  on  any 
matter.  And  if  this  be  so,  by  what  right  can  it  delegate  to  another  body,  of  its 
own  creation,  the  power  to  legislate.  It  has  no  right  to  legislate;  and  even 
if  it  had,  it  could  not  delegate  the  right  to  another  body,  emanating  alone 
from  itself.  It  can  only  legitimately  act  upon  the  specific  matter  or  question 
which  it  was  called  to  act  on,  and  this  is  upon  the  presumption  that  the 
very  question  has  been  decided  by  the  people,  through  the  legitimate  repre- 
sentation and  forms  that  express  the  sense  of  the  estates  of  the  State. 
Upon  that   subject-uiatcer,  thus  decided,  they  are   tovercign,  but  upon  no 


28 

other.     They  are  not  necessary  to  alter  the  Constitution,  for  I  have  shown 
that  tliis  expr  is  gives,  by  the  Constitution  itself,  to  two  ordinary 

Legislatures.  Any  nu  re  formal  portion  of  the  Constitution  that  it  may  be 
necessary  to  alter,  in  order  to  adapt  it  to  a  new  compact  with  other  sove- 
is,  and  to  the  new  Government,  can  he  made,  but  no  other.  It  can 
make  a  compact  of  fundamental  law  with  other  States  Any  change  of  the 
Constitution,  by  a  general  Convention,  called  exclusively  to  withdraw  from 
an  old  compact,  and  to  form  a  new  one.  in  those  provisions  acting  solely 
upon  the  people  of  the  State,  within  themselves,  is  not  only  beyond  their 
timate  power,  hut  deeply  dangerous  to  our  conservative  system,  and  a 
precedent  which,  once  established,  might  overthrow  all  the  guarantees  of 
the  instrument  touching  our  local  interests,  without  giving  u^  the  protec- 
tion from  the  safeguards  made  by  the  compromise  of  eighteen  hundred 
and  eight,  and  incorporated  into  our  organic  law.  The  Ordinance  creating 
the  Executive  Council  did  change  the  Constitution,  as  far  as  the  executive 
power  of  the  Governor  is  concerned.  The  second  clause  utterly  annihi- 
lated his  oiTiee  as  "  Commander-in-Chief."  There  is  not  a  single  attribute 
attached  to  "Commander-in-Chief,"  as  derived  from  the  very  nature  of  the 
office,  and  defined  in  the  Constitution,  which  is  not  destroyed.  True,  the 
Governor,  in  times  of  peace  has  but  little  power,  but  in  revolution  and 
war,  that  single  power  of"  Commander-in-Chief"  is  of  the  highest  and  last 
importance,  so  loDg  as  the  State  acts  for  heiself,  or  has  forces  in  the  field. 
In  fact,  during  a  revolution,  it  may  embrace  all  power.  A  division  of  it 
into  four  heads  destroys  all  that  may  be  essential  in  dispatch,  energy  and 
decision.  If  it  had  been  in  existence  on  the  twenty-seventh  of  December, 
eighteen  hundred  and  sixty,  and  during  that  period,  it  would  have  been 
contemptible,  from  its  imbecility  and  division.  To  say  that  the  Constitution, 
in  its  vital  parts,  is  not  altered,  because  it  has  not  been  done  by  a  specific 
clause,  is  to  chop  logic  on  words.  In  everything  relating  to  the  military 
and  military  orders,  from  the  least  to  the  most  important,  it  made  an  abso- 
lute change — no  military  order,  of  any  kind  whatever,  could  be  given 
without  first  receiving  a  majority  of  the  votes  of  the  Council.  It  was 
most  fortunate  for  us  that  every  company  in  the  State  had  been  mustered 
into  service  under  the  command  of  Confederate  Generals,  and  all  the  mili- 
tary resources  of  the  State  were  being  transferred  under  the  absolute  orders 
of  Confederate  authority.  If  we  had  been  in  actual  command  of  forces, 
we  would  have  had  great  confusion  and  weakness.  In  times  of  revolution 
and  danger,  to  vest  all  the  powers  of  the  "  Commander-iu-Chicf"  in  the 
hands  of.four  men,  is  simply  a  pragmatical  experiment,  that  has  failed, 
whenever  tried,  in  every  age  and  in  every  Government. 

In  relation    to  what    may  be  urged  as  to  the  necessity  for  such  action,  I 
have  only  to  say  that  State  necessity  has  ever  been  the  patent  plea  for  do- 


29 

spotic  power  wherever  assumed.  Amongst  an  enlightened  people  the  true 
strength  of  an  Executive  does  not  depend  so  much  on  specific  grants  of 
power,  as  on  doing  with  firmness  whatever  is  right,  and  in  patriotic  devotion 
to  the  country,  and  nothing  hut  the  country. 

The  Convention  have  turned  over  to  you  the  responsibility  of  deciding 
upon  the  propriety  of  continuing  the  Council.  According  to  the  Ordinance, 
its  existence  terminates  on  the  second  Monday  in  December  next.  By  thus 
ordaining,  there  are  now  established  in  the  State  two  conflicting  powers  of 
legislative  or  law-making  authorities,  sitting  at  the  same  time.  It  is  an 
anomaly  in  government.  I  would  recommend  that  you  do  discontinue  the 
Council,  and  that  no  other  of  that  kind  be  created.  The  duties  of  the  Chief 
of  the  Military  ought  to  be  discharged  by  your  Adjutant  General,  and  the 
duties  of  the  Chief  of  Construction  should  be  discharged  by  your  Ordnance 
officer;  the  duties  of  Chief  of  the  Treasury  should  be  discharged  by  your 
Treasurers,  and  the  duties  of  Chief  of  Justice  and  Police  can  be  discharged 
by  your  Governor,  together  with  the  Attorney  General.  The  ordinary 
forms  of  government  should  be  forthwith  restored.  It  is  due  to  the  Con- 
stitution and  the  country,  that  you  should  put  your  disagreement  to  the 
precedent  that  has  been  set,  in  such  a  shape  that  it  shall  be  distinctly  under- 
stood, hereafter,  that  all  the  ordinary  branches  of  the  regular  Government 
were  opposed  to  the  creation  of  this  extraordinary  and  unnecessary  Govern- 
ment. 

In  the  meantime  it  might  be  proper,  during  the  continuance  of  the  war, 
that  you  should  pass  a  special  Act,  well  guarded,  giving  the  Governor  ex- 
traordinary powers  in  certain  emergencies.  The  Convention  at  first  pat 
a  Resolution,  giving  me  the  power  to  appoint  a  Council  for  consultation, 
which  was  done  on  the  thirtieth  day  of  December,  eighteen  hundred  and 
sixty,  and  the  Council  was  organized  a  few  days  after.  They  made  it  the 
duty  of  this  Council,  "  when  required  by  the  Governor,  to  advise  with  him 
on  all  matters  which  may  be  submitted  by  him,"  but  expressly  made  the 
Governor,  "in  all  cases,"  still  responsible,  "and  to  decide  upon  his  own 
action."  In  conformity  with  this  I  appointed  four  distinguished  gentlemen, 
and,  for  convenience  as  to  business,  1  made  a  division  of  labor,  and  assigned 
to  each  a  Department.  This  was  a  very  wise  and  proper  conception  of  Gov- 
ernment, on  the  part  of  the  Convention,  and  did  not,  in  substance  and  re- 
sponsibility, alter  the  office,  as  established  by  the  Constitution.  It  is  with 
great  pride  and  pleasure  that  I  now  say  I  was  much  aided  and  strengthened 
by  the  able  men  whom  I  then  called  around  me,  at  that  trying  and  critical 
period  of  our  history.  They  served  without  compensation,  and  for  their 
patriotic  and'firm  cischargc  of  duties,  the  country  owes  them  a  debt  of 
lasting  gratitude.      If  it  should  be  thought  necessary,  iu  any  great  euier- 


30 

gency,  such  a  Council  might  again  be  authorized,  which  the  Governor  could 
call  around  him  whenever  he  might  deem  it  proper  to  do  so.  But  do 
nothing  to  divide  the  responsibility  <>t'  your  Chief  Magistrate;  always  nuke 
him  directly  responsible.  A  division  of  responsibility  but  weakens  the 
whole,  and  takes  away  that  direct  accountability  which  is  so  essential  to  all 
energy  and  decision.  Any  other  form  makes  hesitation  and  division,  which, 
in  the  midst  of  a  progressive  revolution,  is  of  deep  injury  to  the  public 
service,  particularly  in  all  military  matters. 

As  I  am  soon  to  retire  from  office,  I  may  be  permitted  to  say.  that  when 
appointed  to  preside  as  Chief  Magistrate  of  the  State,  I  had  just  returned 
from  abroad.  I  had  comparatively  but  little  personal  acquaintance  with 
those  who  had  been  of  late  years  on  the  public  stage.  My  difficulties  were 
embarrassing.  We  had  been  habituated  to  indulgence  by  long  years  of 
peace,  and  were  utterly  unprepared  for  this  gigantic  struggle.  I  never,  for 
a  moment,  doubted  wc  would  have  war,  as  will  be  seen  from  the  first  steps 
taken  the  day  after  I  was  sworn  into  office. 

The  State  acted  alone,  rose  erect  and  defied  power.  I  determined  that 
she  should  lose  her  existence  rather  than  lose  her  honor.  As  the  storm 
"•rew  dark  around  her  banner,  and  many  were  in  doubt,  I  watched  the  star 
of  her  destiny  as  it  twinkled  and  flashed  above  the  horizon,  and  I  looked 
with  Eastern  devotion  to  that  star  alone.  Many  supposed  themselves 
wronged,  and  their  counsels  neglected,  but  it  was  because  I  had  no  other 
Kght  to  guide  my  path,  save  the  rays  that  ever  fell  from  that  star  before  me. 

We  have  passed  the  worst.  If  we  are  true  to  ourselves,  and  if  our 
forces  are  directed  with  judgment,  we  cannot  be  conquered.  But  instead 
of  relaxation,  we  must  rely  solely  upon  our  own  strong  arms,  and  redouble 
all  our  energies  to  meet  any  and  every  event. 

Wc  have  suffered  much,  and  may  suffer  more,  but  if  we  humbly  rely 
upon  a  superintending  Providence,  we  will  go  through  in  triumph.  Let  us 
remember  that  no  people  ever  yet  reached  a  high  destiny  without  an  abiding 
faith  in  the  dispensation  of  justice  from  a  Supreme  Being. 

F.  W.  PICKENS. 


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